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Jayesh   05 June 2017

Ex parte divorce

Hello Members, 

I need a important suggestion regarding ex parte divorce. My wife managed to get ex parte divorce from me, order has been passed. I am yet to receive a certified copy. Notice was served upon me, i tried to avoid taking notice for almost a year, but somehow they could manage and deliver it. Now, I applied for set aside petition. My question is will I succeed. I applied in the family court.

What reasons can I quote for not appearing in the court earlier? also Can she file maintainence and DVC case on me now, if I am able to set aside the ex parte divorce ? 

Wanted to know if it is a wise thing to do, I am working in USA and currently in India. I want to assign a  GPA and drag the divorce case so that she comes for some settlement. 

She is granted alimony in the ex parte divorce, can I only contest for alimony ? 



 7 Replies

Mukesh sharma (job )     05 June 2017

Hello 

its all depend on you first why not recieved notice when court send to you... if you accept that and present in court or send yoou lawyer to fight than it will not happen in time if you are not in India than you have option to choose any of one your power of attorny and he will present in court behalf of you and take your case forward 

now first you need to tell court first why you not  came in court after you recieved notice and if there any good reson than show to court and file case agaisnt order exparty and show good reson to court than  court will accepy your request 
 

Adv. Rakesh Martyn   05 June 2017

Originally posted by : Jayesh

Hello Members, 

I need a important suggestion regarding ex parte divorce. My wife managed to get ex parte divorce from me, order has been passed. I am yet to receive a certified copy. Notice was served upon me, i tried to avoid taking notice for almost a year, but somehow they could manage and deliver it. Now, I applied for set aside petition. My question is will I succeed. I applied in the family court.
Why did you apply for setaside?


What reasons can I quote for not appearing in the court earlier? also Can she file maintainence and DVC case on me now, if I am able to set aside the ex parte divorce ? 
Yes.
Wanted to know if it is a wise thing to do, I am working in USA and currently in India. I want to assign a  GPA and drag the divorce case so that she comes for some settlement. 

She is granted alimony in the ex parte divorce, can I only contest for alimony ? 

There are many ununderstandable reasons which you have given.  Please come out clear or contact advocate locally.  There seems to be a huge handicap in putting it in words.  You can call any advocate on LCI, that way it is easier to solve problem.

Jayesh   05 June 2017

Sir, I send GPA, but judge did not allow...after 2 months of her sending notice to my parents I assigned GPA, but we were keeping quite as my foreign address was not know to them, 6 months later send my GPA holder to court, so their side contested saying deliberately wasting time, then I came back and applied for set aside petition, I don't want to give her alimony. 

I am not having a strong reason for not being present. Actually I was holidaying and she managed to get my pics from facebook, I am afraid that her side advocate might say that i was enjoying after receiving notice, will that make my defence weak?

any examples of allowable reasons for not being present? Medical leave or travel from abroad ? 

Jayesh   06 June 2017

Hi Members, 

Please give me some advice, my intention is to only avoid alimony and the date is arriving soon, so I want to evaluate all possibilities. 

Based on your experience what are the chances of getting the order set aside? Do I have to incur any costs - like litigation cost from the opposite side?

 

sai narayana   08 June 2017

If she is working then you can approach HC directly contesting the alimony point only or after the restoration you can file your reply (written statement) in the same court stating that you don't have any objection to divorce but she is working so not entitled for alimony.

Jayesh   08 June 2017

Sri Narayana Sir, 

She mentioned in her petition that she is working and also did not ask for maintenance. However, alimony is granted to wife not on the basis of her income but as a compensation. 

My advocate is saying that I am earning aborad nearly 4-5 times more than her, so it would be difficult to argue for alimony. 

I send her divorce notice from abroad... she is also mentioning that stating that is cruelty on her.

What benefit will i get by setting aside ex parte divorce? If there is no major benefit then I would better be absent on that day and close this once and for all. 

sai narayana   08 June 2017

Originally posted by : Jayesh
Sri Narayana Sir, 

She mentioned in her petition that she is working and also did not ask for maintenance. However, alimony is granted to wife not on the basis of her income but as a compensation. 

My advocate is saying that I am earning aborad nearly 4-5 times more than her, so it would be difficult to argue for alimony. 

I send her divorce notice from abroad... she is also mentioning that stating that is cruelty on her.

What benefit will i get by setting aside ex parte divorce? If there is no major benefit then I would better be absent on that day and close this once and for all. 

After setting aside the exparte decree, both of you file MCD by converting the present petition to get the waive off. So that you will be freem from any future litigations.


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